What is Subdivision?
Subdivision can generally be described as the legal mechanism that leads to the
creation of new parcels of land. Subdivision involves the division of land into
two or more parcels, and can also include the re-alignment of existing property
lines, the creation of strata lots, the creation of long-term leases (over three
years), building stratas and air-space parcels.
Why
Is the District approval of Subdivision required?
Provincial statutes
and District bylaws require that most subdivisions, that take place within the
District's boundary, be approved by a municipal official who has been appointed
by Council to serve as the Subdivision Approving Officer. Some forms of subdivision
do not require District approval. These include plans that consolidate whole parcels,
lot line cancellations and some building stratas.
Subdivision
Approving Officer
The Land Title Act authorizes a Municipal Council
to appoint a person(s) to independently administer the approval or rejection of
subdivision.
The appointed Subdivision Approving Officer(s) has the authority
to use considerable discretion when making decisions concerning subdivision application,
and is responsible to either approve or reject a subdivision application based
on his/her opinion regarding conformation of a proposal with District bylaws and
policies, and Provincial statutes. He/she is also expected to determine if the
final product is in the public interest.
In this role, the Approving Officers
act in a judiciary manner. It is he/she (and not the Municipal Council) that approves
and rejects a subdivision application.
What does the Approving
Officer Consider?
- Existing District policies
Especially
those policies incorporated within the District's Official Community Plan, and those confirmed by District
Council. - Zoning Regulations
Standards for the creation and use
of lots (lot size, lot dimensions, servicing, frontage, density and use, setbacks,
etc.) - Access/Mobility
Consideration for roads, lanes, walkways,
emergency access, fire lanes, access to the Ocean and Lakes; and adjacent land.
- Parks & Environmental Protection
Allowing for the provision
of "green spaces" and the protection and enhancement of natural and environmental
amenities. - Servicing
The provision and extension of services (sewer,
water, utilities and other services) to support the use of the new lots and the
future development of adjacent lands. - Hazards
The assessment of
site conditions (steep slopes, coalmine workings, geotechnical suitability, and
erosion) that may have impact upon the safe use and development of the lands.
- Requirements of "External Agencies"
- Ministry of Transportation
(i.e. when subdivision occurs adjacent to a Provincial Highway, or access to the
foreshore is a consideration)
- Ministry of Water, Land and Air Protection (i.e.
concerning environmental issues, flooding, contaminated site remediation)
- Ministry
of Health (for on-site sewage disposal)
